N.Damodaram Naidu (Head Master) 29 November 2017

Appropriate appellate jurisdiction

Dar sirs,

I have filed a private complaint against a person u/s 138 of N.I.Act for cheque bounce and that was dismissed acquitting the accused. I filed an appeal in the sessions cum District court, Chittoor of Andhrapradesh which was numbered and taken on file and posted to 8th March 2018 for hearing.

Recently I heard through a friend that the District court is not competent to take appeals for hearing in appeals against acquittal. Is this true? if true what I have to do now. Limitation to file appeal in High Court is over as it passed more than 4 months from the date of judgment of the lower court and the appeal is pending before the district court.

Please suggest me an appropriate solution in this regard.

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9 Replies

P. Venu (Advocate) 29 November 2017

The appeal lies to the High Court. The delay, in view of the facts posted, could be got condoned.

N.Damodaram Naidu (Head Master) 29 November 2017

Sir,

Can I file an appeal in the High Court now as the appeal in the district court is pending?

N.Damodaram Naidu (Head Master) 29 November 2017

Sir,

Can I file an appeal in the High Court now as the appeal in the district court is pending?

G.L.N. Prasad (Retired employee.) 30 November 2017

Yes. If a similar appeal is filed with any other court same issue , praying same relief, the limitation period commences from the date of filing such appeal in other court and it is treated as parallel proceeding with good faith. You may pray for condoning the delay with such justification as stated in limitation period.

You may also add that as the lower court admitted the appeal you have taken that the court that admitted is competent.

Dr J C Vashista (Advocate) 30 November 2017

I am surprised to know who has advised you to file an appeal against acquittal in a complaint case u/s 138 of the Negotiable Instuments Act, 1881.

Dr J C Vashista (Advocate) 30 November 2017

Further, it is impossible to believe that the appeal has been admitted in Sessions Court, who has neither any jurisdiction/power/authority to accept an appeal against the order of acquittal in a complaint case u/s 138 of the Negotiable Instuments Act, 1881.

Dr J C Vashista (Advocate) 30 November 2017

I agree with the expert advise of Mr. P Venu, the appeal shall lie before High Court only, wherein delay in filing the appeal can be condoned subject to satisfaction of the Court

Dr J C Vashista (Advocate) 30 November 2017

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rajagopal.s (Lawyer.) 30 November 2017

An appeal against the acquittal in a cheque bounce case generally lies with the high court and you should appeal to the high court with special leave under section 378(4) of the Cr.P.C

The Limitation period in filing the appeal at High court is 90 days.

Actually there is no cause of concern.

Earlier, there was an AP High court orders in the cases of G.BASAWARAJ V/s. STATE OF ANDHRA PRADESH , PETTA SATYA GOVINDA RAMACHANDRA RAO @ BABJI V/s. YARLAGADDA VIJAYA KUMAR and TAMILNAD MERCANTILE BANK LTD. V/s. M/S. SUBAIAH GAS AGENCY which permitted filing of appeal in Sessions court. Based on these, your lawyer might have filed in sessions court and sessions court would have also admitted the same.

However the High court on 27 October 2017 in Smt.P. Vijaya Laxmi vs Smt. S.P. Sravana And Another on 27 October, 2017had said that the appeal lies in High court only.

Since your case is relevantly new, you can file the case at High court by filing a leave of appeal and condonation of delay petition.

No worries.

Rajgopal

Legal Win Consulting LLP

www.legalwin.in

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